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Pennsylvania Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: i was using a drug well while in pa the drug was switched and i was raped by someone i know i went to 4 hospitals where

where they talked me out of the rape kit i called the police several times before they showed up and when they did they mocked me put me in the back of the cop car where on there computer screens they wrote u had to mention horny meth you wanna go out to dinner n took me top the hospital n put me... Read more »

Peter N. Munsing answered on May 23, 2019

Suggest you call the womens law center in Philadelphia. 1-215-928-9801 You may be eligible for payment of bills from the Crime Victims Compensation Act.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: parole violation case has 1627- 2019 in the notes. Is that standard code if it is what's it mean?

Cary B. Hall answered on May 21, 2019

It's probably a case number for new criminal charges which violate the parole.

Q: Person B pressed charges on Person A. Person B formerly worked for DA office, is this conflict of interest?

Person A feels like they are being treated unfairly and is being retaliated against because person B is affiliated with the officials who are prosecuting Person A. Is this case supposed to be handled different than normally?

Cary B. Hall answered on May 19, 2019

I can see your issue, but not sure how else the situation should be handled. How many victims of crimes are related to, say, cops? What should happen in those cases? The world isn't perfect.

Sometimes in very high profile criminal cases in which there's a conflict of interest -- or even...
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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Is dumping out cremated ashes to get back at someone abusing a corps?

Cary B. Hall answered on May 17, 2019

Probably not - but it could probably land you in other criminal trouble. The statute you refer to is:

"§ 5510 Abuse of corpse

Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the...
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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: I wanna kno if u have a no grade felony does it drop to a misdemeanor and if so how long does it take?

Steven Pacillio answered on May 16, 2019

Presumably you are referring to an ungraded felony. If you have been convicted of an ungraded felony, it will never "drop to a misdemeanor." If, however, you are merely charged with an ungraded felony, there is always the chance that your attorney can negotiate a plea deal involving dropping the... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: taking money from a.self checkout can I be charged criminally

it was left behind I didn't see who was there before hand

Andrea E. Mertz answered on May 13, 2019

Yes. The charge is theft.

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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: I was violently assaulted twice by my ex in 2013 when he suffocated me and in February of 2014 when He strangled me.

Could I Still press charges I’m PA for his attacks in 2019 even though they happened prior?

Peter N. Munsing answered on May 13, 2019

Contact a womens rights law center and ask. 215-928-9801 Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: I was arrested by officers who were involved in robbing drug dealers. Some cases were dismissed, am I eligible?

Mr. Ryan L Hyde answered on May 13, 2019

Depends on what your charges were for and whether the CW can prove your case without their testimony. The CE cant use them as witnesses but id there is other evidence you wont necessarily get a walk. You should be having these conversations with your attorney. They would be in the best posiyipn... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: I was charged with SADV because my child's mother lied to the police. Now that I've been convicted she openly states she

Lied to get me charged and now regrets it because of how much it's put my son and myself through just because she was mad at the time. Is there anything that can be done?

Mr. Ryan L Hyde answered on May 13, 2019

When you say convicted, do you mean you were found guilty or you pleaded guilty? It only matter because you may have PCRA remedies availavle to you. Post conviction relief act is dificult to file under, you would need to consult with a local appellate attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can a case be dismissed without an attorney?

Can you go to an preliminary hearing and get an case dismissed without an Attorney?

Cary B. Hall answered on May 10, 2019

Procedurally? Yes.

Realistically? Good luck with that. You've got a MUCH better chance (if it's possible at all) with a good criminal defense attorney by your side. Consider it.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: so my boyfriend basically threatened me that if i leave him he will have me arrested for check forgery.

but my question is can i even tho the check was never deposited and no money was ever taken. the check was from my school and it came in my boyfriends name, and i knew he wouldnt give me the money, so i signed it so it would go into my account, but my bank doesnt except 3rd party checks and it... Read more »

Cary B. Hall answered on May 4, 2019

Sounds like you did attempt forgery if your BF didn't give you permission to sign his name. The fact that the bank didn't cash the check just thwarted you from actually completing the act. Still, an attempt to do something illegal carries the same penalty as actually completing the illegal act,... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If a person leaves the country for 20 years while on bail for a drug charge, what is that outcome?

If the original sentence was 3-5 and all cops on the case are retired.

Peter N. Munsing answered on Apr 26, 2019

a) given the data base search that any traveler to the US has, then that person has a good chance of being flagged and getting a free trip from the point of entry to the nearest holding center.

b) chances are the bail was revoked, there's an outstanding warrant, and perhaps new charges of...
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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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1 Answer | Asked in Criminal Law and Probate for Pennsylvania on

Q: I am looking at being revoked of my probation for smokong marijuana. What exactly does that mean

And what options do i have to not lose years of my life over this? I have completed everything that probation has asked of me. I have nothing but paying my fines and showing up left as a criteria. I stopped smoking successfully before this time has been harder for me and has taken longer than last... Read more »

Peter N. Munsing answered on Apr 19, 2019

I'm not hearing why they think you did. Assuming you didn't tell them you did, it may be from a bad urine screen? You have a right to know why. Suggest you contact an attorney. They shouldn't be bouncing you for just that.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Pennsylvania on

Q: Not given any ticket at stop or paper for court despite a summons with charges for plates and pos. can it be thrown out?

Officer gave a warning for improper plates during the stop but it is listed as a charge on my summons

Cary B. Hall answered on Apr 12, 2019

Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: I was charged with prowling and loitering at night and public drunkeness. I tried commiting suicide that night.

I took an handful of pills adderall oxycodone and gabapentin with an fifth of whiskey. I blacked out on my couch came to and was scared and went looking for help. I knocked on an persons door asking for help. I then blacked out again and woke up three days later in hospital. IN am currently in... Read more »

Cary B. Hall answered on Apr 11, 2019

Probably, depending on your prior criminal record. Have your attorney (and get a public defender if you can't afford a private attorney) talk things over with the cops, and maybe that charge can get tossed at the initial magisterial district court level. Get something on the letterhead of your... Read more »

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